HB 4365

Abstract

Amends the Children with Disabilities Article of the School Code. Allows a child's individualized education program (IEP) team to determine whether the special education program of a school district is unable to meet the needs of a child with a disability. Provides that the financial responsibility and reimbursement of the resident district of a child with a disability applies to both nonpublic special education facilities that are approved by the State Board of Education and nonpublic special education facilities that are not approved by the State Board of Education. Requires that a nonpublic special education facility providing services to demonstrate proof to the State Board of Education of (i) appropriate certification of teachers for the student population, (ii) age-appropriate curriculum, (iii) enrollment and attendance data, and (iv) the ability to implement the child's IEP. Sets forth provisions concerning requests for approval by the State Board of Education of a nonpublic special education facility. Provides that the Community and Residential Service Authority has the power to make final determinations regarding the approval of nonpublic special education facilities. Effective immediately. House Committee Amendment No. 1 Deletes reference to: 105 ILCS 5/14-7.05 105 ILCS 5/14-15.01 Replaces everything after the enacting clause. Reinserts the provisions of the introduced bill with the following changes: Allows a student's (instead of child's) individualized education program (IEP) team to determine whether the special education program of a school district is unable to meet the needs of a child with a disability. Provides that the financial responsibility and reimbursement of the resident district of a child with a disability applies to emergency placements in nonpublic special education facilities that are not approved by the State Board of Education. Provides that a school district may place a student in a nonpublic special education facility providing educational services within the facility, but not approved by the State Board of Education, under specified circumstances. Removes provisions that provide that a school district has no obligation to pay a residential facility unless and until specified proof is provided to the satisfaction of the State Board of Education. Removes provisions that provide that if the State Board of Education denies approval in writing or does not respond to a facility's or resident district's request for approval within 10 days after the request is submitted to the State Board of Education, the matter shall be referred to the Community and Residential Services Authority, which shall make the determination and notify the facility or resident district and the State Board of Education within 10 days after the Authority receives the referral. Provides that emergency placement in an approved facility may continue so long as (i) the student's IEP team determines annually that such placement continues to be appropriate to meet the student's needs and (ii) at least every 3 years following the student's placement, the IEP team reviews appropriate placements approved by the State Board of Education. Removes changes to provisions concerning placement in a residential facility and payment of educational costs and provisions concerning the Community and Residential Services Authority. Makes other changes. Effective immediately.